Wisconsin Board Revises Adult Ordinance

MENASHA, Wis. — The Town Board will consider revisions to its adult entertainment ordinance today, possibly banning the sale and consumption of alcohol for any prospective adult business.

The board recently reduced the zoning restriction for strip clubs from 2,000 to 600 feet from residential communities; a decision that was criticized by some residents. The county board then approved the revision last week, fearing that a 2,000 foot setback could be found unconstitutional.

The county currently prohibits the sale or consumption of alcohol in adult entertainment facilities, but Menasha can opt to regulate it in whatever way it sees fit. Town Attorney Chuck Koehler told the Appleton Post-Crescent that Menasha officials were “looking for an opportunity that they could regulate on their own, independently and above and beyond what the county is regulating. There appears to be state authority for every municipality to attach regulations as part of their rights to hold a liquor license.”

“It's just to give another layer of protection and regulation,” Town Administrator Jeff Sturgell, who is in favor of a total ban, told the Appleton Post-Crescent. “It's not prohibiting them or stifling their First Amendment [right to offer nude dancing]. If you want a liquor license, then these are the rules you have to follow. If the rules make operating a strip club unprofitable, that becomes a business choice."

The Menasha amendment is part of wave of cities adopting strict adult ordinances as a preemptive strike against such businesses. Currently there are no adult businesses in Menasha.